[Federal Register: October 26, 2006 (Volume 71, Number 207)]
[Rules and Regulations]               
[Page 62565-62566]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]



Defense Acquisition Regulations System

48 CFR Part 225

[DFARS Case 2005-D012]
RIN 0750-AF21

Defense Federal Acquisition Regulation Supplement; Foreign 
Acquisition Procedures

AGENCY: Defense Acquisition Regulations System, Department of Defense 

ACTION: Final rule.


SUMMARY: DoD has issued a final rule amending the Defense Federal 
Acquisition Regulation Supplement (DFARS) to delete text addressing 
internal DoD procedures pertaining to foreign acquisition. This text 
has been relocated to the DFARS companion resource, Procedures, 
Guidance, and Information.

DATES: Effective Date: October 26, 2006.

FOR FURTHER INFORMATION CONTACT: Ms. Amy Williams, Defense Acquisition 
Regulations System, OUSD (AT&L) DPAP (DARS), IMD 3C132, 3062 Defense 
Pentagon, Washington, DC 20301-3062. Telephone (703) 602-0328; 
facsimile (703) 602-0350. Please cite DFARS Case 2005-D012.


A. Background

    This final rule deletes DFARS text addressing internal DoD 
procedures in the following areas:

DFARS 225.871-4--Processing of requests for waiver under North Atlantic 
Treaty Organization cooperative projects.
DFARS 225.7017-3--Preparation of determinations regarding award of a 
contract for ballistic missile defense research, development, test, and 
evaluation to a foreign source.
DFARS 225.7502--Application of the Balance of Payments Program to an 
DFARS 225.7604--Processing of requests for waiver of foreign source 

    This text has been relocated to the DFARS companion resource, 
Procedures, Guidance, and Information (PGI), available at http://www.acq.osd.mil/dpap/dars/pgi

    DoD published a proposed rule at 71 FR 3448 on January 23, 2006. 
DoD received no comments on the proposed rule and has adopted the 
proposed rule as a final rule. However, as a result of the final rule 
published at 71 FR 39005 on July 11, 2006, which relocated DFARS 
Subpart 225.6 to 225.76, the text that was designated in the January 
23, 2006, proposed rule as DFARS 225.670-4 is now located at DFARS 
    This rule was not subject to Office of Management and Budget review 
under Executive Order 12866, dated September 30, 1993.

B. Regulatory Flexibility Act

    DoD certifies that this final rule will not have a significant 
economic impact on a substantial number of small entities within the 
meaning of the Regulatory Flexibility Act, 5 U.S.C. 601, et seq., 
because the rule addresses internal DoD procedural matters and makes no 
significant change to DoD contracting policy.

C. Paperwork Reduction Act

    The Paperwork Reduction Act does not apply, because the rule does 
not impose any information collection requirements that require the 
approval of the Office of Management and Budget under 44 U.S.C. 3501, 
et seq.

List of Subjects in 48 CFR Part 225

    Government procurement.

Michele P. Peterson,
Editor, Defense Acquisition Regulations System.

Therefore, 48 CFR part 225 is amended as follows:


1. The authority citation for 48 CFR part 225 continues to read as 

    Authority: 41 U.S.C. 421 and 48 CFR Chapter 1.

2. Section 225.871-4 is amended by revising paragraph (c) to read as 

225.871-4  Statutory waivers.

* * * * *
    (c) To request a waiver under a cooperative project, follow the 
procedures at PGI 225.871-4.
* * * * *

3. Section 225.7017-3 is amended by revising paragraph (b) to read as 

225.7017-3  Exceptions.

* * * * *
    (b) If the head of the contracting activity certifies in writing, 
before contract award, that a U.S. firm cannot competently perform a 
contract for RDT&E at a price equal to or less than the price at which 
a foreign government or firm would perform the RDT&E. The contracting 
officer or source selection authority, as applicable, shall make a 
determination, in accordance with PGI

[[Page 62566]]

225.7017-3(b), that will be the basis for the certification.

4. Section 225.7502 is revised to read as follows:

225.7502  Procedures.

    If the Balance of Payments Program applies to the acquisition, 
follow the procedures at PGI 225.7502.

5. Section 225.7604 is revised to read as follows:

225.7604  Waivers.

    The Secretary of Defense may waive this restriction on the basis of 
national security interests. To request a waiver, follow the procedures 
at PGI 225.7604.

[FR Doc. E6-17982 Filed 10-25-06; 8:45 am]